Sarratt v. Daughtery

2:07-cv-00740 | D.S.C. | May 1, 2007

2:07-cv-00740-HFF Date Filed 05/01/07 Entry Number 9 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION MICHAEL ANTHONY SARRATT, § Plaintiff, § § vs. § CIVIL ACTION NO. 2:07-0740-HFF-RSC § FNU DAUGHTERY, Director; § SCOTTY BODIFORD, Assistant Director; § TRACY H. KREIN, Medical Director; and § RICHARD SHERMAN, Medical Director, §

Defendants. § ORDER This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that the action be dismissed, without prejudice , and without issuance and service of process. The Report is made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.

The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber , 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

2:07-cv-00740-HFF Date Filed 05/01/07 Entry Number 9 Page 2 of 2 The Magistrate Judge filed the Report on April 5, 2007. Plaintiff failed to file any objections.

In the absence of objections, the Court is not required to give any explanation for adopting the th recommendation. Camby v. Davis , 718 F.2d 198" date_filed="1983-10-03" court="4th Cir." case_name="David E. Camby v. Larry Davis James M. Lester">718 F.2d 198, 199 (4 Cir. 1983). Moreover, a failure to object waives appellate review. Wright v. Collins , 766 F.2d 841" date_filed="1985-01-07" court="4th Cir." case_name="Garcia Jay Wright v. George Collins, Warden, Maryland Penitentiary Dr. Berry Officer Larry Donnell">766 F.2d 841, 845-46 (4th Cir. 1985).

After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that the action be DISMISSED , without prejudice , and without issuance and service of process.

IT IS SO ORDERED . Signed this 1st day of May, 2007, in Spartanburg, South Carolina.

s/ Henry F. Floyd

HENRY F. FLOYD

UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL

Plaintiff is hereby notified of the right to appeal this Order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2